MASTER 
NEGATIVE 
NO.  94-82076 


COPYRIGHT  STATEMENT 


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Author: 


New  York  (State).  Laws, 
statutes,  etc. 

Title: 

New  insolvent  law 


Place: 


[Albany?] 


Date: 


[1811] 


MASTER    NEGATIVE   * 


COLUMBIA  UNIVERSITY  LIBRARIES 
PRESERVATION  DIVISION 

BIBLIOGRAPHIC  MICROFORM  TARGET 


ORIGINAL  MATERIAL  AS  FILMED  -    EXISTING  BIBLIOGRAPHIC  RECORD 


« 


229 
N48 


New  York  (State)  La^s,  statutes,  etc. 

Now  insolvent  law;  an  act  for  the  relief  of 
insolvent  debtors  and  their  creditors.  Passed 
April  3a,  1811,  {Albany?  J  J,  Frary  tlQUj 
16,  (4]  p. 


o 


RESTRICTIONS  ON  USE: 


TECHNICAL  MICROFORM  DATA 


RLM  SIZE:   '?5'mm 


REDUCTION  RATIO:      Q".  I 


IMAGE  PLACEMENT:  lA  (jlA^  IB      IIB 


DATE  RLMED:         S~9~^il 


TRACKING  #  : 


INITIALS: 


MSN  dofts-n 


FILMED  BY  PRESERVATION  RESOURCES,  BETHLEHEM.  PA. 


BIBLIOGRAPHIC  IRREGULARITIES 

MAIN  ENTRY:    New  York  (State)  Laws,  statutes,  etc 

New  insolvent  law 


Bibliographic  Irregularities  in  the  Original  Document: 

List  all  volumes  and  pages  affected;  include  name  of  institution  if  filming  borrowed  text. 


,Page(s)  missing/not  available: 

,Volume(s)  missing/not  available:. 


Illegible  and/or  damaged  page(s):_ 
,Page(s)  or  volume(s)  misnumbered 
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Page(s)  or  volume(s)  fl 


from  copy  borrowed  from 


X ^Other :     Pace  5  -  page  number  printed  upside  down 


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THE  LIBRARIES 


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NEW  INSOLVENT  LAW, 


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THE  MELIEF  OF 


INSOLVENT  DEBTdRS 


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^  J^UBLISHED  AND  SOLD, 

A*  By  j.  FRARY, 

^T  TJTE  BALAMVE  PRI^rrmG^OFFlCE, 

No.  80,  State-Stheet. 


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Ililllliiii-iiiaMliiiMi!!'  l'  i"»iiiiiiiiiiiii||i|iiiii  iilipii  gi.ii 


An  ACT  for  the  Benefit  of  Insolvent  Debt- 
ors and  their  Creditors. 

Passed  April  3d,  1811.      ^[ 

I,  13  E  it  enacted  by  the  People  of  the  State  of  New-  Tork^ 
fj  represented  in  Senate  a?id  Assembly,  That  it  shall  be 
lawful  for  any  insolvent  debtor,  who  now  is  or  hereafter  shall 
be  imprisoned  on  any  civil  process  issuing  out  of  any  court 
within  and  under  the  authority  of  this  state,  or  who  now  is 
or  hereafter  may  be  prosecuted  in  any  such  court  for  debt, 
Q    or  on  contract  express  or  implied,  to  present  a  petition  to 
^    the  recorder  of  the  city  of  New- York ,  or  of  the  city  of  Hudson, 
or  of  the  city  of  Albany,  or  to  any  one  of  the  commissioners 
*:!•  herein  after  specified,  praying  that  the  estate  of  such  person 
22  so  petitioning  may  be  assigned,  and  he  or  she  be  dischar- 
t^  ged  according  to  this  act ;  and  that  every   person  so  peti- 
^  tioning  shall  at  the  time   of  presenting  such  petition,  cause 
?5  to  be  delivered  to  the  said  recorder  or  commissioner,  a  true 
•^  account  of  the  suit  or  suits  in  v/hich  he  shall  be  then  im. 
prisoned  and  impleaded,  the  names  of  the  several  plaintiffs 
\      in  such  suits,  and  their  place  or  places  of  residence  respect- 
po    ively ,  designating,  as  near  as  may  b^  the  nature  of  such  suits 
"::    and  the  amount, due  in  eaoh^  pinci.dso  a  full,  just  and  true 
account  or  list  of  all  liis  pr  hero  creditors,  and  of  the  monies 
due  or  to  bec6n\e  'dii^e  ,  aid:  i)\ving  tQ  them  respectively  by 
such  petitioner;  and*  also  an  inventory  and  account  of  all 
the  estate,  both  rekt  and  pfeVsortaU  of  such  petitioner,  and 
of  all  books,  voucher^  and  Securities  relating  to  the  same  ; 
and  the  said  recorder  or  commissioner  shall  thereupon  ad- 
minister to  such  petitioner  an  oath  to  the  following  effect : 
**  I  do  solemnly  swear,  in  the  presence  of  Almighty 

God,  (or  affirm,  as  the  case  may  be)  that  the  account 
herewith  delivered  is  a  just  and  true  account  of  all  my 
creditors,  and  of  all  the  monies  owing  by  me  to  them  re- 
spectively,  according  to  the  best  of  my  knowledge  and  re- 


estate,  real  IndTrZVZn'-''?''''^  °'"  ''"'^°""'  °f  ^»  ^y 

indi;ectly  sdd     easeT  or    ;h'"''  • ''"'i-  '^"^^  "°^  ''''•^^'Jy  o^ 
over  intrust  for  mSff        ° ''^™■s^d>sposed  of,   or  made 

in  the  sanJalrnfo^lTe^to^T^V;:^^^^^^^ 

nor  have  I  Ice  I  v-^-   '"  ■°'■^'=^'°   defraud  my  creditors; 
the  suit:m:Sdl^ry':crut  Zj?^''^^  '"  -'her  of 
thing  to  any  of  my  cSrs  in  n  '"'^       ""^  '"°"'^>'  "•■  o'^^"- 
creditors-    nor  blvoJ.-        i     P''^;"'^"*^'^  to  others  of  mv 

as  aforesa  d,  eTther  SiJecdro   -'h'  '"T'^^''^'^  °'  i-^l-soncd 
tor  in  Dreferenrf .  ""^^"-^  o   indirectly,  secured  anv  credi- 

insolvent  debtors  and    fc.r  c  edhors^      VVhTh'^'  ^^f-  ''^ 

or  creditors  nf'-'?"'"^','"''"'^  °"  '^"  P'««ecuting  creditor 

^vljom  the  applicatip'n  shall  bT m X'^ha^l^drt-'S'X 
of  hTs  s^i  -T'^"'  '"  *''"  ne^vspaper  published  by  the  prh  er 
York  .  ^    '      '^ '"  '''  "<^*^sp^5ec.|,inted.ia  the  citv  of  New 

•u,nlt\r    '",'  "^rP''P^"''f*"*'^'fi"^^'^^>  i'^^''^''^<>"'"y  where  such 
application  shall  be  made,; a«d.ifr^  newspaper  b     frimel 

nnhr^  /r^  "^*''"'  county^,  ajid  jV  k.id-natice  s  If  b^ 

LSin''reT  •  "r  ^  ^-.^?-^Vyei,^;:*.hich  said  „S  or 
nonces  slidU  lequire  him  or  tfiem  (o  appear bii  such  A^v  ■„,  i 
at  such  place  as  shall  be  appointed  bv  Tic!  recoSe  or  Ion 
missioner.  or  any  other  subsec,i,ent  day  that  the  s'id  recor" 
der  or  commissioner  may  deeni  proper  to  ipoint  .Kt  lei; 
than  sixty  days  from  the  time  of  serving-  or  pul  1 1^  "^  such  no 

Er  med "ai;^y T  "'^ S^-''">'^'-  ^^"'"^ P«'-io.S ou^lit  ouo 
oe  granted ,  and  if  no  sufficient  cause  shall  appear  and  the  s  ,irl 

recorder  or  commissioner  shall  be  satislied'^L  the  pedd<,ne? 

-bath  conformed  to  the  matters  required  of  him  by  this  a^^  aiS 


1' 


4|i 


that  there  is  no  collusion  between  the  said  debtor  and  the 
prosecuting  creditor  or  creditors,  he  shall  direct  a  -rSt  or 
^..ssignment  of  all  such  petitioner's  estate,  both  in  law  and 
in  equity,  in  possession, reversion  or  remainder  to  three  dl 
creet  and   sufficient  persons,  being  cred  tors  ;f  saidTnir 
vent,  to  be  named  by  the  said  reLder  o   commissioned 
excepting  such  articles  of  wearinj?  apparel   and  bedd^fi' 
and  such  tools  of  trade  as,  in   th<f  o,li'nion  of  the  s'd   f.' 
corder  or  commissioner,  shall  be  reasonable  for  such  pe'i 
tioner  and  his  family  to  retain,  and  also  the  arms  and  accou 
trements  of  such  petitioner  required  by  law  t^  be  provided 
by  any  citizen  enrolled  in  the  militia  •    Provided  ah^a^s 
That  no  such  petition   shall  be  presented,  or  creditorS' 
fied  to  appear,  in  any  city  or  county  other  han  tlaro?vvS; 
such  petnioner   shall  have   been  an  inhabitant  for  the    See 
of  three  months  next  preceding  the  presenting  of  such  ne 
titioii,  or  in  which  he  shall  hav?  been  impris^fed    India' 
'oM  further    That  if  any  such  debtor  Ihall,  atrts  C* 
pnsonment  aforesaid,  or  after    he  shall    be   impleaded^r 
prosecuted  as  aforesaid,  pay  any  one  debt  due  fSm  Wm°n 
preference  to  any  other  debt  or  debts  due  from  him    or  JhaU 
secure  upon  property,  real    or  personal,  any  o^debt  due 
f  om  him  m  preference  to  any  other  debt  or  debts  dtS^fro^ 

Sd  ti  H  "  '"  T^  "''".  "^^  ^'•'d  ^^^^""^  ^hall  not  be  e^ 
titled  to  the  privileges  and  relief  granted  by  this  act  •  but 
his  proviso  shall  not  extend  to  any  debtor^who  sha  I'have 
been  imprisoned,  impleaded  or  prosecuted  as  aforei  d  bl 
iore  the  passing  of  this  act,  nor  shall  such  debtor  be  re' 
q.nred  to  take  that  part  of  the  oath  which  relE  to  ape' 
lerence  among  creditors.  P 

n.  And  be  it  further  enacted.  That  in  case  of  the  ref-isal 

Ss"or;twi;e'^'T"  °^  ''''^'^^  "^y  ^^^i£ 

iiess  or  ot!  ervvise,  of  any  person  so  named  as  assignee    the 

lJ{^id"i"-^V^'''''"''''"^'  That  it  shall  and  may  be 
n  Wi  ^°V  ,  i''^*'?''''^'"  °'  c°i"missioner  before  whom  such 
Ssuch  ntv  ^  ^'P'"'^'"^^  "P°"  plication  of  any  cTeSor 
er  person  on."""'  *°  ^^^'"'"^^"ch  petitioner,  and  any  oth- 
er person  or  persons,  upon  oath,  touching  eyery  matter  reli,- 


S 


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live  to  the  estate,  debts  and  credits  of  the  said  petitioner ; 
and  for  that  purpose  such  recorder  or  commissioner  is  here- 
by required  to  summon  such  person  or  persons  personally  to 
attend  before  such  recorder  or  commissioner,  at  such  time 
and  place  as  shall  be  in  such  summons  mentioned  ;  and  in 
case  such  person  or  persons  shall  refuse  or  neglect  to  attend, 
and  upon  the  oath  or  affidavit  of  the  due  service  of  such  sum* 
mons,  then  it  shall  be  lawful  for  the  said  recorder  or  com- 
missioner to  issue  his  warrant,  under  his  hand  and  seal,  com- 
mar.diiig  the  sheriff,  or  other  proper  officer,  to  apprehend 
such  person  or  persons  as  shall  in  such  warrant  be  named, 
and  to  bring  him,  her  or  them  before  the  said  recorder  or 
commissioner,  at  such  lime  and  place  as  shall  in  such  war- 
rant be  mentioned,  to  answer  such  questions  as  shall  be  ask- 
ed of  him,  her  or  them,  touching  the  estate  of  the  petition- 
and  if  such  person  or  persons,  being  served  with  such 


er 


summons  or  warrant,  shall  duly  appear  and  refuse  to  answer 
upon  oath  all  questions  touching  the  matter  aforesaid,  then  it 
shall  be  lawful  for  such  recorder  or  commissioner,  by  war. 
rant  under  his  hand  and  seal,  to  commit  such  person  or  per* 
sons  to  prison,  there  to  remain  till  he  or  she  submit  to  an* 
swer  as  aforesaid  ;  and  in  every  such  warrant  shall  be  speci* 
fied  not  only  the  cause  of  commitment,  but  also  the  terms  of 
discharge  therefrom. 

IV.  And  be  it  further  enacted^  That  upon  such  petitioner 
producing  a  certificate  under  the  hands  and  seals  of  the  as- 
signees, or  any  two  of  them,  executed  in  the  presence  of  two 
witnesses,  that  such  petitioner  hath  granted,  conveyed,  as- 
signed a:  J  delivered,  tor  the  use  of  his  or  her  present  credi- 
tors, or  of  those  who  may  become  creditors  by  reason  of  any 
contract  then  existing,  all  his  or  her  estate,  real  and  personal, 
both  in  law  and  equity,  in  possession,  reversion  or  remainder, 
except  as  aforesaid,  and  all  the  books,  vouchers  and  securi- 
ties relating  to  the  same,  the  recorder  or  commissioner  be- 
fore whom  such  petiiion  shall  be  depending,  shall  give  a 
discharge  under  his  hatid  and  seal  to  such  petitioner,  which 
discharge,  or  the  transcript  cf  the  record  thereof,  certified 
under  the  hand  of  the  clerk  of  the  county,  in  whose  office 
such  discharge  shall  be  filed,  and  the  seal  of  the  court  of 
said  county,  shall  be  a  sufficient  authority  to  the  sheriff  or 
jailer  for  setting  such  prisoner  or  prisoners  at  large,  and  shall 
be  also  conclusive  evidence  in  all  courts  of  this  state  of  the 
iacts  therein  contained,  and  shall  be  construed  to  discharge 


such  insolvent  from  all  debts  due  from  him  at  the  time  of  the 
assignment  or  contracted  for  before  that  time  though  payable 
afterwards,  and  no  person  so  discharged  shall  be  thereafter 
sued,  prosecuted,  impleaded,  arrested  or  imprisoned  for  any 
debt  due  at  the  time  of  said  discharge,  or  contracted  for  be- 
fore  that  time,  though  payable  afterwards ;  and  if  sued,  pros- 
ecuted, impleaded,  arrested  or  imprisoned,  may  plead  the 
general  issue,  and  give  the  special  matter  in  evidence  upon 
and  under  a  notice  given  with  said  plea,  in  which  notice  he 
$hall  be  required  to  state,  that  he  has  been  discharged  under 
this  act,  the  recorder  or  commissioner  who  signed  the  dis- 
charge, of  the  city  or  county  in  which  said  discharge  was  ob- 
tamed,  and  the  date  thereof. 

V,  And  be  it  further  enacted,  That  in  case  anv  such  peti- 
tioner shall  dispose  of  or  convey  his  or  her  estate  or  effects 
m  trust  or  otherwise,  with  intent  to  defraud  his  or  her  credi- 
tors, or  shall  fraudulently  conceal  his  or  her  estate  or  effects, 
or  shall,  after  the  assignment  of  his  or  her  estate  by  virtue  of 
this  act,  receive  any  debt  or  debts  due  to  him  or  her  before 
such  assignment,  or  if  he  or  she  shall  secrete  any  part  of  his 
or  her  estate,  or  any  books  or  writings  relative  thereto,  with 
an  intent  to  defraud  his  or  her  qreditor,  or  shall  with  like  m 
tent  procure  any  person  to  appear  to  be  named  as  creditor 
for  any  sum  not  bona  fide  due,  or  for  anv  larger  sum  than  is 
really  and  bona  fide  due,  then  and  in   every  such  case  the 
discharge  of  the  said  insolvent  under  this  act  shall  I>-  abso 
lutely  void,  and  the  said  insolvent  shall  be  deemed  -uikv  of 
a  public  offence  ;  and  further,  that  in  all  such  cases  aforesaid 
or  in  any  other  case  wherein  any  fraud  shall  appear,  or  wherl 
ever  the  said  recorder  or  commissioner  before  whom  such 
prcxieedings  are  had  shaU  have  good  cause  to  suspect  that  the 
said  insolvent,  m  any  of  the  said  proceedings,  hath  been 
guilty  of  any  fraudulent  concealment,  or  other  false  or  frau 
clulent  conduct,  with  intent  to  defraud  his  jast  creditors,  the 
said  recorder  or  commissioner  shall  have  powder,  and  herebv 
is  required  to  bind  him  oi'  her  in  a  recognisance,  in  such 
penal  sum,  and  with  such  sureties,  as  the  said  recorder  or 
commissioner  shall  deem  proper,  to  appear  at  the  then  next 
court  of  oyer  and  terminer  and  gaol  delivery,  or  general  ses- 

alTn  .?II  '?if  P"'"^"'  ^^T  '^  '"'^'^'  '^  '^'^  P^^P^^  ^^  ^hi^  state, 

o  commit  such  petitioner  to  the  gaol  of  the  countv  wherein 
tne  said  application  may  be  made,  and  on  convictiorr   th^ 


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court  may  sentence  the  offender  to  be  confined  in  the  state 
prison,  to  hard  labor  or  solitude,  for  any  term  of  time  not 
exceeding  four  years  ;  and  every  person  so  convicted  shall 
be  deemed  infamous,  and  forever  thereafter  be  rendered  inca- 
pable  of  holding  any  office  ofprofit,  honor  or  trust  within  this 
state,  and  shall  not  thereafter  be  sworn  as  a  witness  touching 
any  matter  or  thing,  or  be  entitled  to  maintain  any  action  foV 
any  debt,  promise  or  contract,  in  any  court  within  this  state. 
VI.  J?7dl?e  it  further  enacted,  That  if  it  shall  appear  to 
the   satisfaction   of  the  said   recorder  or  commissioner  to 
whom  any  such  petition  is  presented,  by  the  oath  of  one  or 
more  credible  witness  or  witnesses,   that  any  person   has 
accepted  of  such  trust  or  trusts,  or  the  possession  of  any 
estate  of  said  petitioner,  with  intent  to   cover  and  convert 
the  same  for  the  purpose  of  defrauding   the  creditors  of 
such   insolvent,  or  if  it  shall  appear  in  manner  aforesaid 
that  any  person   has   knowingly  aided  and  abetted  the  said 
petitioner   in  any  attempt  to  defraud  his  or  her  creditors, 
then  and  in  such  case  it  shall  be  the  duty  of  said  record- 
er or   commissioner  to  issue  his  warrant,  under  his  hand 
and  seal,   to  any  proper  officer,  and  to  cause   such  person 
to  be  brought  before  him  on  such  warrant  for  examination, 
touching  the   charge   or  charges  contained  in  such  oath  or 
affirmation  ;  and  if  the  said  recorder  or  commissioner,  upon 
such  examination,  shall  be  satisfied  that  such  person  is  guil- 
ty, then  it  shall  be  his  duty,  and  he  is  hereby  required  to 
bind  him  or  her  in  a  recognizance  in  such  penal  sum  and 
with   sureties  as    he  may   deem  proper,  to   appear  at  the 
next  court  of  oyer  and  terminer  and  gaol  delivery  or  gene- 
ral sessions  of  the  peace,  there  to  answer  to  the  people  of 
this  state   as  in  all  other  criminal  cases;  and  for   want  of 
such  sureties  to   commit  such   person   to   the  gaol   of  the 
county  wherein  the  said  application  shall  be  made,  and  on 
conviction  the  court  may  sentence  the  offender  to  pay  such 
fine   as  they  shall  deem  proper,  not  exceeding  one  thou- 
sand dollars,  and  also  to  such  imprisonment  in  the  gaol  of 
said  county  where  the  offender  shall  be   convicted,  in  such 
manner  and  for  such  term  of  time  as  they  mav  deem  proper, 
not  exceeding  twelve  calender  months,  and  in' default  of  pay- 
ment of  such  fine  the  offender  to  stand  committed  to  i^uch 
gaol  until  such  fine  be  paid,  or  until  discharged  by  order  of 
such  court. 


Vn.  And  be  it  farther  enacted,  That  any  person  or  per- 
sons w^ho,  at  any  time  before  or  after  the  passing  of  this  act, 
shall  have  accepted,  or  accept  of  any  trust  or  trusts  for  any 
insolvent,  or  shall  have  in  his,  her  or  their  possession,  any 
estate  real  or  personal,  of  any  insolvent,  and  shall  not  forth- 
with after  notice  of  such  assignment,  fully  discover  and  dis- 
close such  trust  and  estate  to  the  said  assignees,  shall  forfeit 
the  sum  of  one  hundred  dollars,  and  double  the  value  of  the 
estate  so  conveyed  in  trust  or  concealed,  to  be  recovered 
with  cost,  by  action,  in  any  court  of  record  having  cogni- 
zance thereof,  in  the  name  or  names  of  the  said  assii^nees, 
for  the  use  and  benefit  of  the  creditors  of  such  insolvent. 
And  in  case  such  assignees  shall  neglect  and  refuse  to  pro- 
sccute  for  such  penalty  or  penalties,  then  any  creditor  of  the 
said  insolvent  may,  at  his  own  risque  and  expense,  sue  for 
and  recover  the  same  for  his  own  benefit ;.  and  the  creditor, 
who  upon  the  neglect  and  refusal  of  the  assignees  as  afore- 
said shall  first  sue  for  the  same,  shall  be  entitled  to  the  said 
penalty  or  penalties. 

VIII.  And  be  it  further  enacted,  That  all  persons  who 
have  given  credit  to  such  insolvent  on  a  valuable  considera- 
tion, for  any  sum  of  money,  or  other  matter,  promise,  con- 
tract or  thing,  which  is  or  shall  not  be  due  or  payable,  or  lia- 
ble to  be  performed  at  or  before  the  time  of  presenting  the 
petition,  shall  and  may  be  admitted  and  considered  as  credi- 
tors whose  debts  are  then  due,  and  shall  receive  a  dividend 
of  such  insolvent's  estate  in  the  same  proportion  as  the  other 
credito  s,  deducting  thereout  only  a  rebate  of  interest  at  the 
rate  of  seven  per  cent,  per  annum  for  what  shall  be  received 
on  such  debts,  (unless  such  debts  shall  be  payable  with  in- 
terest) to  be  computed  from  the  actual  payment  thereof  to 
the  time  when  they  would  have  become  due. 

IX.  And  be  it  further  enacted^  That  when  it  shall  appear 
to  the  assignees  that  there  hath  been  a  mutual  credit  given  by 
the  insolvent  debtor  and  any  other  person,  or  that  mutual 
debts  were  subsisting  between  them  before  such  petition 
was  presented,  the  assignees  shall  state  the  account  between 
them,  and  one  debt  may  be  set  off  against  the  other,  and  the 
balance  due  on  either  side  after  such  set  off,^andno  more  shall 
be  claimed  or  paid. 

X.  And  be  it  further  enacted,  That  such  assignees  shall 
have  power  and  authority  to  dispose  of  all  the  real  and  per- 
sonal estate  of  such  debtor  or  debtors,  which  shall  by  vir- 
tue of  this  act  be  assigned  to  them,  and  to  convert  the  san\e 
into  money,  to  execute  good  and  sufficient  deeds  or  conyey- 


i 


h 


ii^"^ 


Imiii  hi  iii 


10 

anccs  for  such  real  estate,  to  redeem  all  mortgages  and  con- 
ditional  contracts,  and  satisfy  all  judgments,  and  to  recover 
in  their  names  all  such  real  and  personal  estate  of  such  insol- 
vent,  and  all  deeds  and  books  of  account,  and  papers  respect- 
ing the  same,  and  shall  have  full  power  and  authority  to  re- 
icr  to  arbitration,  settle  or  compound,  or  agree  with  any  per- 
son indebted  to  the  insolvent  in  such  manner  as  shall  from 
time  to  time  appear  to  such  assignees  most  advantageous  to 
the  creditors  of  such  insolvent ;  and  if  on  settling  the  estate,  a 
surplus  should  remain  in  their  possession  after  discharrine 
♦he  debts,  the  same  shall  be  paid  to  the  said  debtor,  his  or 
iicr  legal  representative  or  representatives. 

XI.  ^nrf  ie  it  fur t Act  enacted.  That  the  said  assignees 
shall  before  they  enter  upon  the  execution  of  the  trust 
hereby  reposed  in  them,  take  an  oath  honestly  and  truly, 
to  the  best  of  their  ability,  to  observe  and  perform  the  dli! 
ties  enjoined  upon  them  by  this  act. 

f  J"-.u"^"/  ^'  "  Z"'"'^^''  """'^'"^^  Tf'at  the  assignees  shall 
forthwith  after  such  assignment,  cause  due  and  sufficient 
notice  thereof  to  be  given,  and  shall  in  such  notice  require 
all  the  creditors  of  said  insolvent  to  appear  by  themselves 
or  agent  at  a  time  and  place  therein  to  be  specified,  to  prove 
their  debts ;  and  any  creditor  shall,  if  required,  be  allow- 

^A^ZT  ^'v  ''f '','   ^^  °'''^  °''  ^ffi'-mation,  taken  before 
and  duly  certified  by  any  judge  of  the  supreme  court  or 
court  ot  common  pleas,  or  commissioner  for  taking  affida- 
vits  to  be  read  m  the   supreme  court,  or  mayor  or  recorder 
of  any  city ;  and  if  residing  out   of  the  state,  any  iud<re 
appointed  under  the  authority  of  the  United  States'  irany 
notary  public  ;  and  in  case  of  any   controversy  relating  to 
such  debts.  It  shall  be  determined  in  the  following  manner 
that  ,s  to  say  :  the  recorder  or  commissioner  to  whom  the 
-pphcat.on  shall  be  made,  shall   furnish  a  list  of  nine  per- 
sons,  not  being  creditors  of  said  insolvent,  and   the  assig- 
nees of  such  insolvent  shall  strike  out  three  of  the  said  nine 
persons,  and  the  creditor  whose  debt  is  in  controversy  shall 
strike  out  three  more  of  the  said   nine  persons,  and  t'he  re- 
maining three  person:;  shall  finally  settle  such  controversy  ; 
and  If  the  assignees  of  any  insolvent,  or  any  creditor  of  any 
insolvent  shall  at  any  time  refuse  to  strike  as  in  this  act   i's 
mrected,  the  recorder  or  commissioner   before  whom  the 
business  is  depending  shall  strike  for  such  assignees,  credi- 
tor or  creditors  ;  and  if  any  referees  so  appointed  shall  re- 

^^^.\u-       TnP^''^''  "f  '''"'"^'  i"  ^"y  reasonable  time,  a 
new  choice  shall  be  made  in  the  same  manner  ;  and  in  case 


i> 


li 

any  such  creditor  or  creditors  shall  refuse  to  nominate  re- 
ferees  on  his  or  her  or  their  part,  the  assignees  are  hereby 
empowered  to  iu)minate  for  such  creditor  or  creditors. 

XIII.  Atid  be  it  further  enacted^  That  the  assignees  shall 
at  some  time  within  six  months  from  the  time  of  their  ap- 
pointment,   give   public   notice  of  the  time  and   place  at 
which  they  intend  to  meet,  to  make  a  dividend  of  the  estate 
of  the  insolvent,  the  said  time  to  l>e  within  the  six  months 
aforesaid,  of  which  time  and  place  the  recorder  or  commis- 
sioner by  whom  such  appointment  was  made,  shall  also  have 
notice,  and  it  shall  be  his  duty  then  to  attend  ;  and  the  as- 
signees shall  exhibit  their  accounts  of  the  receipts  and  dis- 
bursements, and  lor  their  time  and  service  ;  and  the  said 
assignees  shall,  if  required  by  any  creditor,  be  examined  on 
oath  touching  the  truth  of  such  their  accounts  and  charges  ; 
and  the  said  recorder  or  commissioner  shall  audit  the  same, 
and  certify  the  sum  to  be  allowed  to  the  said  assignees  ;  and 
at  such  meeting,  the  creditors  who   shall  not   before  have 
proved  their  debts,  shall  be  allowed   to  prove  the  same ; 
and  that  all  costs  of  suit,  prison  fees  and  charges  of  pro- 
ceedings under  this  act,  to  obtain  the   discharge  of  the  in- 
solvent,  shall  be  first  paid,  and  then  deducting  all  such  costs 
and  charges  and  expenses  as  shall  have  be^n  necessarily  in- 
curred,  laid  out  and  expended  by  the  said  assignees;* to- 
gether  with  such  sum    as  shall  be  allowed  for  their  time, 
trouble  and  services  therein,  and  the  residue  shall  be  divid* 
ed  among  the  creditors  in  proportion  to  their  respective 
debts,  in   which  division  no  preference  shall  bje  given  tq 
debts  due  by  specialty  or  otherwise. 

XIV.  And  be  it  further  enacted.  That  within  twelve 
months  next  after  the  making  of  the  dividend  aforesaid,  the 
said  assignees  shall  make  a  second  dividend  pf  the  estate  of 
the  si^id  iixsolvent,  in  case  the  same  shall  not  have  been 
wholly  divided  on  the  first  dividend,  and  shall  cause  like 
notice  to  be  given,  ard  for  the  creditors  who  may  not  have 
proved  their  debts  to  proye  the  same ;  and  the  assignee^ 
shall  as  before  exhibit  their  accounts,  and  if  in  adjusting^ 
the  same,  any  difierence  should  arise  between  the  said  as-. 
§ignees  and  the  creditors,  the  said  reporder  or  commissioner 
is  hereby  required  to  attend  and  to  adjust  the  same,  and  the 
nett  proceeds  shall  be  then  divided  among  the  creditors  who 
shall  have  proved  their  debts,  allowing  to  those  whose  debts 
had  not  been  proved  on  the  former  dividend,  their  just  pro- 
portion thereof;  which  second  dividend  shall  be  final,  un- 
less any  suit  at  law  or  in  equity  be  depending,  or  any  part, 


s 


m^^ 


■MHUPMI 


12 

of  the  estate  standing  out,  that  could  not  liave  been  dispo- 
sed of;  or  unless  some  other  estate  or  effects  of  the  insol- 
vent shall  afterwards  vest  in  the  said  assignees  ;  in  which 
cases  the  assignees  shall  as  soop  as  may  be  convenient,  con- 
vert such  future  and  other  estate  into  money,  and  shall 
within  two  months  thereafter,  divide  the  same  among  such 
creditors  as  shall  have  proved  their  debts. 

XV.  Jnci  be  it  further  enact  d,  That  the  assignees  shall 
be  under  the  direction  and  controul  of  the  recorder  or  com- 
missioner, which  recorder  or  commissioner,  on  complaint 
of  the  debtor,  or  of  any  creditor,  and  good  cause  shewn, 
shall  have  power  to  displace  the  said  assignees,  or  either  of 
them,  and  to  name  others  in  their  stead  ;  if  the  said  assignees, 
or  either  of  them,  have  accepted  of  their  said  trust,  and  shall 
neglect  or  refuse  to  exhibit  their  accounts,  or  to  perform  their 
said  tnist  as  herein  is  before  required  aixi  directed,  the  said 
recorder  or  commissioner  shall  have  power,  and  are  hereby 
required  to  issue  an  attachment  against  him  or  them,  to 
compel  him  or  them  to  exhibit  the  said  accounts,  and  to 
i">erform  their  said  trusts  as  aforesaid. 

XVI.  And  be  h  fur  titer  enacted.  That  if  any  person  who 
now  is  or  hereafter  may  be  committed  to  prison  on  execu- 
tioHj^^pr  against  t'hose  goods  and  chattels,  lands  and  tene- 
ments, execution  shall  be  issued,  and  be  returned  unsatis- 
iied,  shall  not  within  sixty  days  after  due  notice  had  of  such 
return,  present  his  petition  and  conform  to  the   directions 
of  this  act,  it  shall  and  may  be   lawful   for   the  person  or 
persons  at  whose  suit  such  person  is  imprisoned,  or  execu- 
tion issued,  being  a  creditor  to  the  amount  of  one  hundred 
dollars,  to  prefer  a  petition  to  such  recorder  or^commission. 
cr  praying  that   such  debtor  may  be  compelled  to  make  a 
discovery  and  assignment  of  all  his  property  for  the  benefit 
of  his  creditors ;  whereupon  the  said  recorder  or  commis- 
sioner if  it  shall  be  made  to  appear  by  aftidavit  to  his  satis- 
faction, that   such   debtor   is  justly   and  truly  indebted  to 
such   petitioner   as  aforesaid,  that  the  execution  issued  by 
such  creditor  against  such  debtor  is    returned    unsatisfied  ; 
or  that  such  debtor  is  charged  in  execution  by  such  credi- 
tor or  creditors,  and  hath  so  remained  for  the  space  of  sixty 
days,  shall  notify  and  require  such  debtor  to  shew   cause, 
before  the  said  recorder  or  commissioner,  at   a  certain  day 
to  be  appointed  bv  the  said  recorder  or  commissioner,  why 
the  estate  of  such*  debtor  should  not  be  assigned  for  the  ben- 
efit of  his  creditors  ;  and  every  sale,  gift,    bargain   or  con- 
tract  made  by  such  debtor,  except  such  as  shall  be  made 
to  or  with  the  prosecuting  creditor  ol  said  debtor,  in  the 


•^ 


13 

manner  and  fjr  the  purpose  declared  in  the  proviso  to  this 
section  ;  and  payments  made  to  such  debtor  after  such  no- 
lice,  and  previous  to  his  discharge,  shall  be  void;  and  the 
said  recoider  or  commissioner  shall,  by  warrant  under  his 
hand  and  seal,  direct  the  sheriff  or  keeper  of  the  raol  of 
the  county  m  ^;hich  such  debtor  may  be,  to  brin^  such 
debtor  before  him  the  said  recorder  or  commissioner,  at 
the  said  day,  and  at  some  convenient  place  in  the  said  war- 
rant  to  be  specified;  and  if  it  shall  appear  to  the  said  record- 
er  or  commissioner  that  the  said  imprisoned  debtor  is  justlv 
indebted  as  aforesaid,  and  thit  Jie  is  insolvent,  or  that  he 
doth  w-ilfully  withhold  the  payment  of  his  just  debts,  then 
the  said  recorder  or  commissioner  shall  direct  the  said  debt- 
or  to  exhibit  and  deliver  at  a  day  and  place  therefor  to  be 
named  such  inventory,  and  under  such  oath  as  is  required 
I  !i  ^''?^  f''''}'^''  ^f  this  act,  at  which  day  the  said  debtor 
shall  again  be  brought  up  in  manner  aforesaid ;  and  if  he  shall 
then,orat  suchfurtherdayas  the  said  recorder  or  commission- 
ershall  see  proper  to  appoint,conform  to  the  requisitions  of  this 

Hi  '  ?.?!  T]%  r^^^5J^\".?^  ^J^^ll  be  had  as  is  herein  before 
directed  -  but  if  the  said  debtor  shall  neglect  or  refuse  to  ex- 
hibit such  inventory  or  account,  and  to  make  such  assign- 
ment,  the  said  recorder  or  commissioner  shall  proceed  to 
appoint  assignees,  who  are  hereby  declared  to  be  by  virtue 
of  such  appointment,  forthwith  vested  with  all  the  estate, 

as  It  he  had  made  such  assignment,  and  may  lawfully  seize 
his  money  books  papers  and  effects  wheresoever  to  be 
ound ;  and  the  said  recorder  or  commissioner  shall  have 
th^!'T/KT'  ^"i^  authority  to  examine  and  interrogate 
the  said  debtor,  and  any  other  person  or  persons,  on  t^th, 

proce  J.  ''Ti  "^  f"'^^  ^'>^  '  ^"^  ^h^"  i"  -li  things 
del  rnV  "PP^^^^^^^^^"d  petition  of  such  debtQr  ;  and  the  said 
^J^^'J'-"'!'''^'''  P^''^"'  '^^^^  shall  refuse  or  neglect, 
corder  0^''"^  '"'^.  ^""^^"'^  '^  ^^"^^  ^^^'^  the  said  re- 
SvirnfT'''''^^"''r^;^^^^^  ^"^  upon  oath  or 

ttr^Z  "-^'"^'^^f  the  said  summons,  shai  be  appre- 

herlft  n  ^  r''"'  ""^^*^^^  ^^""^  ^"^  ^^^^  ^i'-ected  to^thc 
nerso!  T^'"  T^^' "'^^^^  ^^  ^^resaid  ;  and  if  any  such 
person   shall   refuse  to  be  examined,  or  to  answer  on  oath 

bv  the™'  J"""  '"^  ?'^  ^"^'^^^"'  "^  ^^"^^  ^^  P"t  to  him  or  her 
5tl.  f '^''T'^^'  or  commissioner,  touching  the  estate 
t^l^iT^"'\  ^'  '^'^  disposition  thereof,  such  per- 
son  shall  and  may  be  commuted  until  he  or  she  shall  sub. 


;  I ' 


)i    ;' 


ii! 


Itl 


I! 


14 

mit  to  be  sworn  or  affirmed  to  answer  as  aforesaid;  or  if  any 
such  person  shall  be  guilty  or  suspected  to  be  guilty  of  any 
false  representation,  or  any  other  false  or  fraudulent  conduct 
in  the  premises,  he  or  she  shall  be  bound  over,  prosecuted 
and  punished  in  the  same  manner  as  is  herein  above  provi- 
ded :  Provided  always.  That  if  at  any  time  before  such  as- 
signment or  appointment  of  assignees,  the  said  debtor  shall 
make  an  amicable  settlement  with  such  creditor  so  petition- 
ing, and  such  creditor  shall  acknowledge  satisfaction  of  his 
demand,  all  proceedings  against  such  debtor  shall  cease. 

XVII.  Afid  be  it  further  enacted.  That  a  majority  of  the 
assignees  in  any  case  to  be  appointed,  as  in  and  by  this  act 
is  directed,  shall  have  power  and  authority  to  do  all  acts 
and  perform  all  duties  required  of  such  assignees. 

XVIII.  And  be  it  further  enacted^  That  all  sheriffs  and 
jailers  fees,  and  other  fees,  becoming  payable  previous  to 
the  assignment  above  mentioned,  shsil  be  advanced  and 
paid  in  the  first  instance,  by  the  party  on  whose  application 
and  at  whose  request  such  service  shall  be  performed,  such 
person  or  persons  to  be  reimbursed,  as  above  provided,  out 
of  the  estate  of  such  insolvent. 

XIX.  And  be  it  further  enacted.  That  the  recorder  or 
commissioner  before  whom  any  such  proceedings  shall  be 
had,  shall  be  entitled  to  receive  the  sums  following,  to  wit: 
on  receiving  any  petition,  the  sum  of  two  dollars ;  on  deci- 
ding on  the  propriety  of  directing  such  assignment,  the  sum 
of  two  dollars,  to  be  paid  by  the  person  presenting  such 
petition  ;  and  for  any  attendance  where  his  presence  shall 
be  requested  at  a  meeting  of  creditors,  the  sum  of  two  doU 
lars  per  day,  to  be  first  paid  out  of  the  insolvent's  estate, 
and  one  dollar  for  signing  the  discharge. 

XX.  And  be  it  further  enacted,  That  in  case  the  recorder 
or  commissioner  to  whom  a  petition  may  be  presented  or 
application  made  as  in  this  act  is  before  provided,  shall  at 
any  time  die,  be  absent,  removed  from  office,  or  unable  to 
attend  to  the  execution  of  the  duties  required  of  him  by  this 
act,  then  and  in  every  such  case  it  shall  and  may  be  lawful 
for  any  other  recorder  or  commissioner  authorised  by  this 
act  to  do  and  perform  the  duties  herein  before  mentioned, 
to  proceed  on  such  petition  or  application,  and  to  perform 
all  the  duties  and  things  which  in  such  case  the  said  record- 
er or  commissioner,  to  whom  such  petition  was  first  pre- 
sented or  such  application  first  made,  might  have  done  and 
performed  by  virtue  of  this  act. 


M 


-•b 


15 

XXI.  And  be  it  further  enacted,  That  from  and  after  the 
passngof  this  act    the  act  entitled  "An  act  for  giving  re! 

«ot^rrl'"'°-^^"''^"  P^'^^  ^^^  3d  day   of  April. 
1801 ;  the  first  sechon  of  an  act  entitled,  «  An  act  to  a 

mend  an  act  entitled  "  an  act  for  giving  relief  in  cases  of 

insolvency  »  passed  25th  February  1805  ;  the  firs    second 

th.rd.  fourth,  fifth,  sixth,  and  eighti  sectio'n  of  the  ac't  enthkd 

an     Act  to  amend  an  act  entitled  '« an  act  for  giving  relief  in 

^Z^i  '"solvency,  and  to  provide  for  bailingVisoners.  and 

act  endtXT"'    r''^  '}'  ^'^  ""^  ^P"'  1«0«  '  «"d  the 

rel  ef  of  ni.         ^-^u*"  ^"'^"''  '"  ^^'  ^"'"'^'^  "  «"  «"  for  the 
relief  of  debtors  with  respect  to  the  imprisonment  of  their 

persons,"  be  and  they  are  hereby  repealed.   Provided  a/ways, 

1  hat  where  applications  are  now  pending  for  the  benefit  of 

any  of  the  said  acts,  the  said  acts  shall  bf  considered  as  Tn 

unl/°T  -    °PK'^*i°".'"  '■^'P^*^' »°  ^"^Ji  applications,  and 
until  a  decision  shall  be  had  thereon. 

«r  $^^'"  ^""^  ^"  i^  further  enacted.  That  it  shall  be  the  dutr 
of  the  recorder  or  commissioner  immediately  after  a  S 
hearing  and  decision  on  each  and  every  application  to  caS 
to  be  lodged  with  the  clerk  ofthe  county  in  which  such  he^ 
ng  shall  be  had    all  the  documents  exhibited  on  sucj  heat 
ng  together  with  a  true  description  of  the  proceedings    and 
It  shall  be  the  duty  of  such  clerk.to  file  such  documemUJd 
proceed.ngs  m  his  office,  there  to  remain  of  record     Sh 
shall  also  be  the  duty  of  such  insolvent  debtor  to  procu  I  to 
be  recorded  m  the  office  of  such  clerk  his  discharo?  as  afore 
said  obtained,  which  it  shall  be  the  duty  of  sych  derk  fonh' 
with  upon  being  presented  with  the  saL  to'  r  co  d  at  fu,i 

S  .nn'f  ^°^  '°  ^  K""'^^^  ''>■  '^^  ^"d  kept  for  that  pur 
pose  and  for  every  such  record  the  said  clerk  shall  be  inti 
tied  to  receive  from  such  debtor  fifty  cents. 

^^m.  And  be  it  further  enacted.    That  if  anv   ner^nn 
who  shall  be  legally  sworn  or  affirmed  by  v  rtue  of^hKt 

isTarirortf  «-ffi-^^-  be  g'uilty  ofty 'Sul 
wise  swearing  or  felse  affirmation,  he  or  she  shall  be  deem 

edS  ou'nirh  d  •"':?  ^--P^P-J-y  -^d  shall  be  i^roTect 
ted  and  punished  in  the  same  manner  as  wilful  and  cormnt 

^sz^^::^st^ir--^'  -'  punish^di^T: 

to  appoint  a  commissioner  to  perform  certain  du  tes  of  a  iX 

°    UW^^iracMr;  ••  P.--^  April  10th,  1805Tandtrett 
entitled  _  An  act  to  appomt  commissioners  in  the  county  of 


k'LJ-i 


'11 


16 

Ontario,  to  perform  certain  duties  of  a  judge  of  the  supreme 
court,"  passed  April  2d,  1810,  shall  be  and  are  hereby  re- 
spectively authorized  and  required  to  execute  and  perform 
ail  and  singular  the  powers  and  duties  authorised  and  re- 
quired by  this  act,  within  the  counties  in  which  they  respec- 
tively reside. 

XXV.  Jnd  be  it  further  enacted,  That  it  shall  and  may  be 
lawful  for  the  person  administering  the  government  of  this 
state,  by  and  with  the  advice  and  consent  of  the  council  of  ap- 
pointment, to  appoint  in  such  of  the  counties  of  this  state  (the 
counticii  of  New- York,  Columbia,  Albany,  Oneida  and  Onta- 
rio excepted)  as  they  in  their  discretion  shall  think  reasonable 
and  proper,  some  fit  and  proper  person  (being  of  the  degree  of 
counsellor  at  law  of  the  supreme  court)  to  be  a  commissioner 
under  this  act  for  any  one  county  (and  in  which  county  he 
shall  reside)  who  shall  be,  and  is  hereby  authorized  and  re- 
quired within  such  county,  to  execute  and  perform  all  and 
singular  the  powers  and  duties  required  by  this  act,  and  each 
commissioner  so  to  be  appointed,  before  he  enters  upon  the 
duties  of  his  office  shall  take  and  subscribe  before  the  clerk, 
or  any  of  the  judges  of  the  court  of  common  pleas  of  the 
county  for  which  such  commissioner  shall  be  appointed,  an 
oath  or  afnrmation,  well  and  truly  to  perform  the  duties  pre- 
scribed  by  this  act,  which  oath  or  affirmation  shall  be  filed  in 
the  clerk's  office  of  such  county,  and  as  often  as  need  be  all 
vacancies  which  may  be  occasioned  by  the  removal  of  any 
commissioner  out  of  the  county  for  which  he  shall  have  been 
appoiiited,  or  by  death,  resignation  or  otherwise,  may  be 
filled  in  like  manner  as  aforesaid.  Proijided  always,  That 
in  case  any  recorder  of  any  city  shall  be  interested  as  ei- 
ther debtor  or  creditor  to  any  insolvent,  or  in  case  of  any 
vacancy  in  any  such  office,  and  also  where  in  any  county 
there  shall  be  no  commissioner  authorised  to  perform  the 
several  duties  required  by  this  act,  or  where  such  com- 
missioner shall  be  interested  in  manner  aforesaid,  then  and 
in  evcrv  or  either  such  case  it  shall  be  lawful  for  the  first 
judge  of  such  counties  respectively,  to  execute  and  per- 
form within  their  counties  respectively,  the  several  powers 
and  duties  required  by  this  act.  Prowled  always.  That 
nothing  in  this  act  contained  shall  be  construed  to  apply  to 
any  case  of  imprisonment  or  prosecution  except  to  cases 
arising  on  contract  express  cr  implied. 


XI 


,  ♦ 


^Extract  from  the  Act,  entitled  **  An  Act  extending  the  time 
*'    for  the  remission  and  commutation  of  certain  ^uit- Rents, 

and  for  other  purposes."*^ 

Passed  April  9,  1811. 

III.  And  be  it  further  enacted.  That  the  discharge  men. 
tioned  in  the  fourth  section  of  the  act,  entitled  "  an  act  for 
the  benefit  of  insolvent  debtors  and  their  creditors,"  passed 
the  third  day  of  April,  one  thousand  eight  hundred  and  sev- 
en, shall  extend  to  and  be  a  discharge  to  the  petitioner,  not 
only  from  any  debts  due  at  the  time  of  the  said  discharge 
and  contracted  for  before  that  time,  but  also  from  all  liabili- 
ty which  the  petitioner  may  thereafter  incur  or  be  subject 
to,  by  reason  or  on    account   of  any  bill,  endorsement, 
contract,  covenant,  obligation  or  engagement,  other  than 
covenants  of  warrranty  on  the  sale  of  real  estate,  which  the 
petitioner  may  theretofore  have  drawn,  made,  entered  into 
or  sealed  and  executed,  and  that  wherever  the  said  petition- 
er may  have  drawn,  made,  entered  into  or  sealed  and  execu- 
ted any  engagement,  contract  or  obligation,  by  which  the 
liability  of  thf  said  petitioner  may  depend  on  a  contingency 
subsequent  to  the  said  discharge,  it  shall  and  may  be  lawful 
for  the  person  or  persons  to  whom  the  said  petitioner  may 
be  liable  to  give  notice  thereof  to  the  assignees  mentioned  in 
the  said  act,  at  any  time  before  a  final  distribution  of  the  es- 
tate of  said  petitioner,  and  such  person  or  persons  shall  also 
present  to  the  said  assignees,  on  oath,  a  statement  or  account 
of  their  contingent  claim  or  demand,  and  what  the  same  may 
be,  in  case  the  said,  petitioner  shall  eventually  become  liable 
therefor,  and  upon  such  claim  being  made,  it  shall  be  the  du- 
ty of  the  assignees  to  retain  in  their  hands  so  much  of  the  said 
estate  as  will  be  sufficient  to  pay  the  said  claimant,  in  respect 
to  his  contingent  demand  or  claim,  a  proportion  of  the  said 
petitioner's  estate  equal  to  what  the  other  creditors  of  the 
said  petitioner  may  have  received  or  be  entitled  to  receive 
out  of  the  said  estate,  and  in  case  the  said  petitioner  would,  if 
he  had  not  been  discharged,  become  liable  to  pay  the  said 
contingent  debt  or  claim,  then  the  said  monies  so  retained 
by  the  said  assignees  shall  be  paid  to  the  person  to  whom  he 
would  so  have  become  lidble,  otherwise  they  shall  be  distri- 
buted among  the  creditors  of  the  said  insolvent  petitioner  as 
if  no  such  claim  had  been  made  :   Provided,  That  nothing 
herein  contained  shall  be  taken  to  affect  any  division  or  dis- 
tribution  of  the  petitioner's  estate  which  may  have  been 
made  by  the  assignees  previously  to  the  receiving  notice 
as  aforesaid  of  a  contingent  claim. 


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^jr5!/Gr;V'££jUwhen  and  by  whom  appointed  >  ^^^V  /' 

to  take  an  oath  of  office  -  -  -  .  lo 

a  majorit;^  may  act  -  -  .  -        -  14 

may  be  displaced  and  by  wh«m  -  -         .  13 

are  wider  the  controul  of  recorder  or  commissioner  12 

vacancies  how  filled  ....  5 

may  dispose  of  deblor's  estate  ...  9 

execute  conveyances,  and  sue  in  their  o^^ti  names  .  9 
may  compound  for  debts  due  insolvent  -  -  -  10 
to  make  Jmd(pn<2»— how  and  when  -  -  •  %  12 
ditputet  between  them  and  creditors,  how  settled  -  10 
to  pay  co9t8  first  out  of  the  estate  -  -  -11 

must  return  everplua,  if  any,  after  paying  all  debts,  to 

the  insolvent -10 

.  iSSIGJVMEJ^rrSec  grant  or  assignment 

cnEni^nif  f^i"^-?C?  ^^-^^^^  6f  TOOi^-reserved  10  debtor        5 
C^J;2>7TOi?iS-.not  entitled  to  ^r^yermce  by  debtor        -        -        -        -        5 
may  require  debtor  and  any  other  person  to  be  sworn 

as  witnesses 55 

to  ^rove  their  debts  before  assignees         -  •  -        10 

may  be  required  to  swear  to  their  accounts  .-        -      11 

mty  compel  an  imprisoned  debtor  to  discover  and  assign 

his  estate        -        .         .        .        .        .         -19  ii 
COMMISSIOJVEJRS-^bcfove  whom  application  to  be  made      -        -      14  16 

in  what  cases  the  successors  may  act        -       •        16 
.  "'^^^crc  ^o  <leposit  papers        -        -  .        .  ig 

COtfT^"— first  to  be  paid  out  of  insolvent's  estate  .        -        -        .11 

CLERKS  OF  COUJrriES-^io  receive  papers        ....  IS 

nziD/ncf  to  record  discharges  -  .  .         15 

^wiZ^^'r  P7*^'«  y*»«n  petition  presented  entitled  to  dividendi        -        9 
IJCJSi  OH,  /^«o/^•cn^-lmprlsoned  or  prosecuted  in  certain  cases,  enti- 
tled to  the  benefit  of  this  act        -        -        -       3  16 
a  residence  of  three  months  in  the  county  if^ffir. 

ed,  except  in  cases  of  imprisoned  debtors        -        5 

to  whom  to  apply        -  -        .  .      ^       3  jg 

must  present  a  ^<»/io«        -        -         .        ^    .        3 

also  an  account  of  the  n»t«  against  him  and  an 

^  inventory  of  his  estate         -         -  .        .  3 

^  must  take  an  oath       ...  -        •        -        3 

»ot  to  ^iw^re/erenctf  to  creditors  ,  -  ,  5 
ifprosccuted  before  the  act,  excepted  -  -  5 
must  a»ai^n  his  estate         -        .  -        -        .        6 

when  and  how  entitled  to  his  discharge  -  .  6  7 
if  sued  after  discharge  may  plead  general  is^ue  7 

in  case  of  fraud,  how  bound  over  and  punished  7  8 

in  prison  may  be  compelled  to  discover  and  assign 

his  estate        -         -         -  .  -  -        13 

in  such  case  when  entitled  to  relief       -        -        13  I4 

«^FTrrr.»  »«^«    .^         proceedings  in  case  of  imprisoned  debtors  12  13 

DIVIDEJ^DS^how,  when,  and  by  whom  made         .         -         .         iJ  12 

l>/<SfCiMi2G£— of  debtor»whenand  how  ^ven  -  -        •        6    7 

must  be  recorded  -  -  -  -         -        ifi 

i^JZ^Cri>— the  diflferent  cases  of 5  JJ 

avoids  the  discharge        ...  ,.         .',         y 

cases  of,  in  acceptmg  trusta  under  the  debtor        -         -      '*        g 

FEES        P""'^^^f        \ 8  13  14 

FIRST  JUDGES  OF  COUJrriES-vhere  therJ  is  no 'records  or  ^^  ^^ 

commissioner,  may  act         -       16 

GRAJVT  OR  ^S-^/GAVMEJVT— when  ordered         -         -        ^         .5 
IJSrVEJMrORr-^see  debtor 

mSOLV§jrr  LAWS^dsSercnt  sections  of  former  laws,  except  in  ap- 
plications pending  before  the  passing  of  the 
act,  repealed  -  *  >  15 


if 


¥ 


-J^  J.  J  .   A^  '.t  r  J 


■iBBBaM 


INDEX. 

XOTICE—io  crp<11tors,  bow  published  and  given  by  dcblor 
OATM  OF  nnSTOR  '  '  -        .   • .    ,    V  «     .," 

JiFX'ORDKS  on  COJtMISSIOJ^R—in  case  of  their  death,  &c.  the 

successor  may  act  ^ 
to  deposit  papers  with  the 
county  clerk 
SHERIFF  6f  GAOLER^to  bring  up  prisoner  when  required  by  re- 
corder or  commissioner         .  -         - 
first  to  be  paid  their  feet  out  of  the  estate 
Tzir^TS:— created  by  the  debtor,  avoided,  and  parties  punished 
^       ifmade/'<:/;#rethisact,trustces  bound  to  disclose 

"       penally  in  default  thereof        -  -  -  -        - 

¥riTJS''ESSFS^mzY  be  brought  up  by  warrant  in  case  of  contumacy 
may  be  committed  to  gaol  if  they  refuse  to  answer 

Index  to  Additio7ial  Clause, 

JlSSIGA''EES-~Xo  retain  estate  for  contingent  claims 

how  to  diatribuie  such  estate. 
CREDITORS— 'lO'Sehom  petitioner  is  liable,  to  give  notice  to  assignees^ 

ami  stale  contingent  claims  on  oath. 
COjmXGEtYT  CL.^I'MS^io  affect  no  division  made  previous  to 

notice. 
PISCHARGF-from  liabiliiies  for  endorsements,  &c. 


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15 

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GAYLAMOUNT 
PAMPHLET  BINPER 


ManufadunJ  iy 

6AYLORD  BROS.  Inc. 

Syracu**,  N.  Y. 

Stocfcken,  Calif. 


oio^iMiSaii 


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COLUMBIA  UNIVERSITY  LIBRARIES 


0041408500 


COLUMBIA  UNIVERSITY  LIBRARIES 

niis  book  Is  due  on  the  date  Indicated  below  or  at  th. 
^l^^l"/'..'  ^'^''^  ^^'^  -^^  *«  date  or  br;.:^*' 
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New  York  State, 

New  insolvent  law.  An   act  for 
the  relief  of  insolvent  debtors 
and  their  creditors. 


P:iX9 


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IIAR21I9W 


Mw^OOiso 


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END  OF 
TITLE 


